6th Circ. Revives Mylan Wrongful Death Suit

Law360, New York (January 21, 2014, 3:35 PM EST) -- The Sixth Circuit on Tuesday revived a wrongful death suit accusing Mylan Inc. of selling defective painkiller patches, finding that a Michigan law shielding drugmakers from liability doesn't apply to products that combine medicines and devices.

In a split decision, the appeals court disagreed with a district judge's conclusion that Mylan's fentanyl patches are akin to time-release capsules and therefore can't be viewed separately from the drug itself.

Under federal law, if the patch were considered to be an "article intended for use as a component" of fentanyl, then it could be seen as a drug. But the Sixth Circuit said...

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